STATE OF HIMACHAL PRADESH Vs. AIN SINGH

JUDGEMENT

(1.) Assailing the judgment dated 16.11.2011, passed by Special Judge, Fast Track Court, Kullu, H.P., in Sessions Trial No. 14 of 2011, titled as State of Himachal Pradesh vs. Ain Singh, whereby accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) On 3.2.2011 at about 2.45 p.m., accused was nabbed somewhere near village Palach (Distt. Kullu), for under suspicious circumstances he was seen having thrown a bag from which 3 k.g. of charas was recovered by the police. The Investigating Officer found such recovery to have been effected from the conscious and exclusive possession of the accused and as such, on the presentation of challan, trial Court also charged the accused for having committed an offence punishable under the provisions of Section 20 (b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'Act').

(3.) In order to prove its case, in all, prosecution examined eight witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took plea of innocence and false implication. No evidence in defence was led.